Chikwe v Mouchel Group Plc & Anor (Jurisdictional Points : Claim in time and effective date of termination) [2012] UKEAT 0633_11_2109 (21 September 2012)

Chikwe v Mouchel Group Plc & Anor (Jurisdictional Points : Claim in time and effective date of termination) [2012] UKEAT 0633_11_2109 (21 September 2012)

The appeal failed because the claims for discrimination were presented out of time, there was no pleaded or established continuing act to extend the limitation period, and the Employment Judge correctly exercised her discretion in refusing to extend time on just and equitable grounds. There was no error of law or principle in the Tribunal's approach or findings.

Citation
[2012] UKEAT 0633_11_2109
Parties
Appellant: Claimant; First Respondent: Mouchel; Second Respondent: Mr Clark
Jurisdiction
United Kingdom
Judgment Date
21 September 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Age Discrimination, Limitation Periods, Extension of Time, Continuing Acts, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Age Discrimination Limitation Periods Extension of Time Continuing Acts Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Mouchel

First Respondent

Mr Clark

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the claims for discrimination on grounds of age or race were presented out of time
  2. 2 Whether it was just and equitable to extend time for presenting the claims
  3. 3 Whether there was a continuing act of discrimination extending the limitation period

Ratio Decidendi

The appeal failed because the claims for discrimination were presented out of time, there was no pleaded or established continuing act to extend the limitation period, and the Employment Judge correctly exercised her discretion in refusing to extend time on just and equitable grounds. There was no error of law or principle in the Tribunal's approach or findings.

Court Disposition

Appeal dismissed

Orders

  • No extension of time granted
  • Claims for discrimination on grounds of age and race remain dismissed